N.J. Admin. Code § 7:27-8.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:27-8.14 - Denials

(a) The Department shall deny an application if anything proposed in the application would result in:

1. A violation of a provision of N.J.A.C. 7:27;

2. An exceedance of a State or Federal ambient air quality standard;

3. An exceedance of an applicable PSD increment as defined in 40 CFR Part 52;

4. A violation of an applicable NSPS;

5. A violation of an applicable NESHAP, including a MACT standard;

6. A violation of a Federal stack height or emission dispersion requirement as stated in 40 CFR Part 51;

7. A contravention of other criteria established by the Department to protect human health and welfare and the environment;

8. A violation of an administrative order;

9. A violation of a State or Federal standard or requirement; or

10. A violation of a provision at N.J.A.C. 7:27F, Control and Prohibition of Carbon Dioxide Emissions.

(b) The Department shall deny an application for a preconstruction permit unless the applicant shows, to the satisfaction of the Department, that the equipment meets the requirements of 7:27-8.11, Standards for issuing permits.

(c) The Department may deny an application for a preconstruction permit or certificate if the applicant fails to provide all information requested by the Department within 30 days after the request, or within a longer response period if approved in writing by the Department. If an application is denied, the applicant may reapply, and the new application shall meet all application requirements, including the fee requirement.

(d) The Department may deny an application for a certificate, or a renewal thereof, if the applicant has failed to:

1. Pay any outstanding service fees, charged in accordance with the schedules contained in 7:27-8.6, within 60 days of receipt of a fee invoice; or

2. Reimburse the Department within 60 days of receipt of an invoice for any of the following charges incurred by the Department:

i. The charges billed by any telephone company for the maintenance of a dedicated telephone line required by the conditions of approval of a preconstruction permit or certificate for the electronic transmission of data; or

ii. The charges billed by any laboratory for performing the analysis of audit samples collected pursuant to testing or monitoring required by the conditions of approval of a preconstruction permit or certificate.

N.J. Admin. Code § 7:27-8.14

New Rule, R.1985 d.98, effective 3/4/1985 (operative April 5, 1985).
See: 16 New Jersey Register 1671(a), 17 New Jersey Register 587(a).
Old 8.5 recodified to 8.6.
Amended by R.1991 d.109, effective 3/4/1991 (operative March 31, 1991).
See: 22 New Jersey Register 292(a), 22 New Jersey Register 593(a), 23 New Jersey Register 723(a).
Section 8.6 Service fees was repealed and section 8.5 was recodified here. Annotations under 8.6 Service fees are as follows:
Amended by R.1985 d.98, effective 3/4/1985 (operative April 5, 1985).
See: 16 New Jersey Register 1671(a), 17 New Jersey Register 587(a).
Substantially amended.
Amended by R.1994 d.502, effective 10/3/1994 (operative October 31, 1994).
See: 25 New Jersey Register 3963(a), 25 New Jersey Register 4836(a), 26 New Jersey Register 793(a), 26 New Jersey Register 3943(b).
Recodified from N.J.A.C. 7:27-8.6 and amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).
In (a), rewrote the introductory paragraph, added a reference to MACT standards in 5, and added 8 and 9; rewrote (b); in (c), added a second sentence; in (d), changed N.J.A.C. reference in 1; and deleted former (e).

Amended by 55 N.J.R. 14(a), effective 1/3/2023